Sista Fitness Wellness Retreat Terms and Conditions

Please read the following terms and conditions carefully. These terms and conditions apply to your Retreat booking with Sista Fitness (JOCM Pty Ltd trading as Sista Fitness ABN 94 169 624 793) and its employees, agents, contractors and service providers (“Sista Fitness”, “We” or “Us” or “Our”) and the person whose details are identified on this Form as the Member (“Member” “You” or Participant”). By making your booking you are irrevocably agreeing to enter a contract with us on these terms and conditions. That contract becomes binding immediately on our confirmation of your booking. (Note: If you book a trip for multiple people traveling together, then all travellers in that booking will be deemed to have read and agreed to the Terms & Conditions, and to be parties to this Agreement.)

Terminology:

Retreat: The event and activities spanning from departure from Perth Airport to Arrival to Perth Airport in accordance with the published dates.

1. 1. Reservations

Places are limited. Reservations are secured on a first come first serve basis.  To secure you reservation you must pay the nominated amount or nominated deposit with the designated period or the amount in full within 30 days of departure from Perth.

1. 2. Attendees under 18 years of age

Any minors wishing to attend the Retreat must be accompanied by a full paying parent or guardian. It is the sole responsibility of the parent or guardian to manage the activities of their child.

The parent or guardian is acknowledging and accepting the terms and conditions of the Retreat on behalf of the minor and is responsible for payment of all amounts owing including any cancellation fees in the event this occurs.

Minors must be at least 15 years of age to attend the Retreat.

1. 3. Prices

All advertised Retreat prices are subject to availability and can be withdrawn or varied by us for any reason without notice prior to booking and payment of deposit. Prices are quoted in Australian dollars and inclusive of GST. We may increase the price of your booking at any time before your booking is paid in full to reflect any changes in our costs related to your booking which are beyond our reasonable control, which may include (without limitation) exchange rates fluctuations, changes in the price of fuel, the level of taxes or fees imposed by third parties including tourist taxes, travel visas,  landing taxes or embarkation/disembarkation fees at ports and airports.

1. 4. Dates and Destinations

The advertised and booked Retreat dates and destination are indicative until departure. Sista Fitness (JOCM Pty Ltd) will use reasonable endeavours to ensure booked Retreats take place as advertised, however we reserve the right to change or cancel the dates and destinations of Retreats for any reason and at any time prior to departure. In the event we change the dates of a booked Retreat pursuant to this clause and either the new date is not suitable for you, or we are unable to provide a new indicative date within a reasonable period after the change, then you will receive a credit note equal to the price paid by you. You will not be entitled to a refund or any other remedy.

1. 5. Payment

A deposit must be paid as a minimum before bookings will be processed. In some circumstances we may require a higher percentage or even all the advertised price to be paid as the deposit (we will make this clear on the booking page). Payment of the deposit means you have accepted our terms and conditions. We will notify you when your booking is confirmed.

Deposits are non-refundable and any bookings made under early bird options are non-refundable.

Unless otherwise indicated, the balance of the price must be paid in full no later than 30 days prior to the scheduled departure date or earlier subject to individual operators’ policies. Full payment is required immediately if you make a booking within 30 days of the departure date.

In some circumstances we may offer payment plan alternatives. If we do, and you select that payment alternative, then you must make each payment by the due dates indicated (we will make these clear on the booking page).

Where full payment or any part thereof is not made by the due date, we may treat your booking as being cancelled by you. In that instance we will retain any applicable cancellation fees and refund the balance of your payment.

1. 6. Cancellation Policy

In the event of cancellation by You the following cancellation fees will apply;

1. 30% of the total Retreat cost if the cancellation occurs between 90 and 45 days before departure from Perth
2. 75% of the total Retreat cost between 45 and 31 days before departure from Perth
3. 100% of the total Retreat cost 30 days prior to departure from Perth

1. 7. Disclosure

You must declare any health, medical or physical issues and requirements to us at the time of your booking and where necessary update that information prior to departure and during the Retreat. You are wholly responsible for your own health, safety and wellbeing at all times during the Retreat, including during all activities. You are free to stop or decline participating in any activity at any time for any reason.

You warrant that you are medically fit to participate in a gym, studio, group fitness classes, functional training, massage and physical exercise. To the fullest extent permitted by law Sista Fitness accepts no responsibility for any injury or death that results directly or indirectly from the use or misuse of the facilities by you.  If you have indicated that you have an injury or predisposition to injury, then you must not use Our services until such time has you have obtained an independent medical clearance stating that you can recommence.

You must also ensure that you are aware of any health requirements for your travel destinations and to ensure that you carry all necessary vaccination documentation. You should consult your doctor regarding health requirements for your destination and your suitability to participate in the activities provided.

8. Content and Promotional Material

You acknowledge and provide authority for Sista Fitness (JOCM Pty Ltd) and associated entitles may take images and photos for the purposes of marketing and advertising.  You must advise Sista Fitness if you do not wish to have and footage, marketing, photos video, or images taken or used of your profile prior to the commencement of the Retreat.

1. 9. Passports & Visas

You must ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities for all locations forming part of your booking. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities are your sole responsibility.

All travellers must have a valid passport for international travel. Many countries require at least 6 months validity from the date of entry.

You release and indemnify Sista Fitness from all responsibility and liability for any refusal of entry, detainment, or other action of immigration or other government authorities which may occur to you in connection with a Retreat.

If you need information regarding visa and other travel document requirements for your trip please obtain such information from an external visa advisory service provider. We do not warrant the accuracy of such information and accept no liability for any loss or damage which you may suffer in reliance on it.

1. 10. Liability

Subject to law and except as expressly provided to the contrary in these terms and conditions, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Retreat, our services and these terms and conditions are excluded. Without limiting the generality of the preceding sentence, the Consultant shall not be under any liability to the Client in respect of any loss or damage (including consequential loss or damage) however caused which may be suffered or incurred by you other than as a direct result of our failure or omission to comply with our obligations under these terms and conditions.

Our maximum liability for any act, failure, omission, event or occurrence where our liability is not excluded shall be limited to any one or more of the following: (a) in relation to goods: (i) the replacement of the goods, or the supply of equivalent goods, or payment of the costs of replacing the goods or acquiring equivalent goods; or (ii) the repair of the goods or payment of the cost of having the goods repaired; and (b) in relation to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again, as in each case we may elect in our sole and absolute discretion.

1. 11. Credit Card Transactions

Where the price is paid in Australian dollars Sista Fitness (JOCM Pty Ltd) does not charge debit or credit card surcharges additional to the price. We reserve the right to charge reasonable card surcharges where the price is paid in another currency. If we exercise that right, it will be made clear on the booking page.

1. 12. Force Majeure

Our performance under these terms and conditions are subject to acts of God, war, government regulations, disaster, civil disorder, strike or other industrial dispute and any other circumstances which are beyond our reasonable control and which we deem (in our sole discretion) render the performance of our obligations uneconomic, impractical, impossible or illegal (‘Force Majeure Circumstance’). At any time during or after a Force Majeure Circumstance we may (in our sole discretion) elect to terminate this agreement by notice to you and refund any amounts paid by you, less our reasonable costs and expenses incurred in respect of your booking which we cannot reasonably recover.

1. 13. Privacy

By booking with us you acknowledge that we will collect, use and disclosure your personal information (including to our third-party service providers) as we reasonably require to provide the service to you, and for other reasons permitted under privacy laws (including direct marketing). Sista Fitness has photographers and videographers documenting each Retreat and uses and posts content on social media and in marketing and publicity material during and after Retreats. You acknowledge and irrevocably consent to us using photographs of you and/or statements made by you during and after the Retreat without payment or attribution on social media and in marketing and publicity material.

1. 14. Governing Law

These terms and conditions shall be governed by the laws of Western Australia and the parties submit to the jurisdiction of the courts in Western Australia.

1. 15. Severability

If any provision of these terms and conditions should be held to be invalid or unenforceable, in whole or in part, the validity of all other provisions of these terms and conditions (and any part of the subject provision which is not held to be invalid or unenforceable) shall not be affected and shall remain in force.

1. 16. Variation

We may make reasonable variations to these terms and conditions from time to time by notice to you.

16.  Travel Advice

For up-to-date travel advice please contact the Department of Foreign Affairs and Trade or visit their website at www.smarttraveller.gov.au

1. 17. Discretion to Reject Bookings/Vacate Spots

Your booking may be rejected, or your spot may be vacated at the discretion of Sista Fitness (JOCM Pty Ltd) at any time prior to the trip start date if we believe a Participant poses a risk or may be disruptive or disrespectful to other Travellers, to the yoga teacher, coach, to the host venue, or to anyone else involved. If a Participant’s booking is rejected and/or if a Participant is denied participation in a trip prior to the trip start date, then that Participant will receive a full refund of all monies paid to Sista Fitness (JOCM Pty Ltd) for that trip; also, the Participant will not be permitted to book any future Sista Fitness (JOCM Pty Ltd), trips. Sista Fitness (JOCM Pty Ltd) will not be responsible for any trip cancellation related expenses or trip related damages (including, by way of example, costs related to airline tickets and fees, passport fees, visa fees, medical expenses, etc.). related to Sista Fitness (JOCM Pty Ltd)), discretionary decision to vacate your spot.

1. 18. Information Required

For us to confirm your booking, you must provide us with certain personal information when requested, such as: Full name (as it appears on passport), Passport number, Date of Birth, Dietary requests/restrictions & any medical conditions, injuries, and or physical limitations

1. 19. Assumption of Risk & Personal Responsibilities

Sista Fitness (JOCM Pty Ltd), or any agents, representatives, teachers, instructors and facilitators, is dedicated to ensuring the safety of all guests, although all Participants must assume the risk inherent in travel and take responsibility for their own health, safety, and wellbeing. Sista Fitness (JOCM Pty Ltd), or any agents, representatives, coaches, instructors and facilitators, is not responsible for any injuries or damages the Participant may sustain on any part of this Retreat. The Participant must also be responsible for their own behaviour and treat other Participants, venue staff, yoga teachers, coaches/instructors and tour operators with respect. Participants must also take responsibility if and when consuming alcoholic beverages or any intoxicants, both on and off the Retreat property (Bingin Resort); Sista Fitness (JOCM Pty Ltd), or any agents, representatives, teachers, instructors/coaches and facilitators, is not responsible for any injuries or damages the Participant may sustain when consuming alcohol or any intoxicants. It is your responsibility to acquaint yourself with all possible relevant travel information related to the country and regions you are travelling to, including local customs, laws, & regulations. It is your responsibility to maintain current knowledge of travel advisories, medical advisories, or other risks until your departure and while you are on location. Certain locations are remote and require additional travel time away from city centres and towns; as such, medical attention may not always be readily available or may be of inferior quality compared to what is available at home. You acknowledge that your decision to travel is made in consideration of this information, and you accept that you assume the personal risks involved with such travel. You agree to assume full responsibility for your personal safety and personal health.

Sista Fitness takes no responsibility for the loss or damage of your personal belongings.

1. 20. Third Party Operators are Independent Contractors

Sista Fitness (JOCM Pty Ltd)) or any agents, representatives, teachers, instructors and facilitators, does not own, operate or control any person or entity that provides any goods or services for your trip (“Third Party Operators”), including any lodging facilities, airline, ground or water transportation, yoga studio, yoga teacher(s), tour operator, food service provider, etc. Rather, we contract with Third Party Operators to provide all goods and services for your trip; and you understand that all Third-Party Operators are independent contractor(s), and not affiliates or employees of Sista Fitness (JOCM Pty Ltd) In selecting Third Party Operators, we do our best to seek out reliable suppliers and contractors to provide the necessary travel-related goods and services. Accordingly, in the absence of gross negligence by Sista Fitness (JOCM Pty Ltd)) you understand and agree that Sista Fitness (JOCM Pty Ltd) or any agents, representatives, teachers, instructors and facilitators, shall not have any responsibility or liability for any acts or omissions of any Third-Party Operators in connection with your trip. Without limiting the foregoing, we will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of the acts or omissions of any Third-Party Operator. Sista Fitness (JOCM Pty Ltd) or any agents, representatives, teachers, instructors and facilitators, is not responsible for any injury or damages sustained on any motorized vehicles or on any other modes of transportation, regardless of whether or not the transportation was suggested by, recommended by, or provided by Sista Fitness (JOCM Pty Ltd) or our host location.

1. 21. Acknowledgement

It is important that you acknowledge and understand that participation in activities while attending the Retreat requires varying degrees of physical exertion and/or physical risk which may cause your death or personal injury. You acknowledge that We do not hold qualifications or represent our service to be compliant with any medical or associate Authority and as such we cannot provide you with medical advice as to your fitness to use Our services.

Notice is hereby given that all arrangements made on behalf of participants are made by the organizers on the sole condition that the organizers shall not be held responsible for any claims, including but not limited to, injury, death, accident, illness, delay, loss, expense (including legal fees), damage, act of negligence, or irregularity (the “Claims”). The undersigned agrees to waive all Claims against, and to indemnify and hold harmless Sista Fitness (JOCM Pty Ltd) or any agents, representatives, instructors and facilitators, from and against any and all Claims arising from or connected, directly or indirectly, with your presence at, or participation in the retreat and related activities thereto.

1. 22. Risk and Liability

Exclusion of Liability.  Sista Fitness is not liable to you or to any other person for:

1. Any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission of you or Sista Fitness (or any of its officers, employees, agents or contractors); or
2. Any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage.

2. No Representations. Any representation, warranty, condition or undertaking that would be implied in the Terms and Conditions by legislation, common law, equity, trade, customer or usage is excluded to the fullest extent permitted by law.
   
   
3. To the fullest extent permitted by law, the liability of Sista Fitness is limited, at Sista Fitness’ option to:
   1. The supply of the services; or
   2. The payment of the cost of having the services supplied again.
      
      
4. You release JOCM Pty Ltd and their related entities and representatives from any liability or claims relating, but not limited to:
   1. Any personal injury unless such injury is attributable to Sista Fitness or any of its officers, agents or employees;
   2. Loss or damage of personal property; and
   3. Any breach of your obligations, except to the extent arising from the wilful or negligent acts or omissions of the operator or Sista Fitness (or any officer, agent or employee of the operator or Sista Fitness respectively).
      
      
5. You indemnify JOCM Pty Ltd and their related entitles and representatives against:
   1. 1. All losses they incur; and
      2. All liabilities they incur, directly or indirectly caused by, or resulting from, any wrongful, wilful or negligent act or omission by you.
         
         

23. Miscellaneous

Waiver. Any waiver of any provision of the Terms and Conditions consent to any departure from a provision of this Agreement by any of the parties shall only be effective in the specific instance and for the purpose for which it was given, even if the terms of any waiver are not so limited. No default or delay on the part of either party in exercising any rights, powers or privileges shall operate as a waiver of them or of any other right nor shall a single or partial exercise or exercise of any other rights, power or privilege.

Enforceability.  Any provision of, or the application of any provision of the Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition. Any provision of, or the application of any provision of, the Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

Severance.  If all or any part of any provision of the Terms and Conditions is, and will be deemed to be, judged invalid or unenforceable the removal of that provision or part will not affect the validity or enforceability of the remaining provisions.